Daugherty v. City of Lincoln et al

Filing 72

MEMORANDUM AND ORDER - Plaintiff's "Motion to Withdraw Document Regarding Notice of Appeal" (Filing No. 71 ) is granted. Plaintiff's appeal is dismissed, and the clerk's office shall not process the appeal to the Eighth Circuit Court of Appeals. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ARRMON H. DAUGHERTY,
Plaintiff,
v.
CITY OF LINCOLN, et al.,
Defendants.

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4:10CV3111

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s “Motion to Withdraw Document Regarding
Notice of Appeal.” (Filing No. 71.) Plaintiff filed a Notice of Appeal in this matter on April 30,
2012. (Filing No. 67.) He now seeks to withdraw his notice of appeal. (Filing No. 71.) To date,
the court has not processed Plaintiff’s appeal because it is awaiting receipt of Plaintiff’s trust account
statement from his institution of incarceration. (See Docket Sheet.) For good cause shown, the
court will grant Plaintiff’s Motion and no appellate filing fee will be assessed.
IT IS THEREFORE ORDERED that: Plaintiff’s “Motion to Withdraw Document Regarding
Notice of Appeal” (Filing No. 71) is granted. Plaintiff’s appeal is dismissed, and the clerk’s office
shall not process the appeal to the Eighth Circuit Court of Appeals.
DATED this 12th day of July, 2012.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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